As hard as divorce can be on a couple, it is even harder on the children, because they have no choice in the matter. The end of a marriage can lead to a messy child custody battle.
The 30th state adheres to the Uniform Child Custody Act. The UCCA states that there are two basic types of custody; physical and legal. If a parent has physical custody of a child, the child will reside with that parent. If a parent has legal custody of a child, it simply means they have visitation rights and will have a say in the child's major life decisions such as where they will attend school.
No matter how old a child might be, the court will listen to their thoughts on where they should live. A child over 14 years of age may decide for themselves where they would like to live, although it must be approved by the court.
Custody in Wisconsin
If a couple cannot come to a decision on child custody or if a child who is over 14 years of age does not have a preference on where to live, a judge will decide where the child lives. The courts will take several factors into consideration when deciding where a child will be placed.
Stability is a major factor in deciding where an offspring will live. The courts consider which parent has had their job the longest and if one of the parents is staying in the home in which the child currently lives. They will look at the physical and mental health of each parent and review the opinion of any marriage and family counselors who are involved in the case. If one parent has a history of child abuse or lives with someone who has a history of child abuse, they are unlikely to get physical custody of a child and they may have stipulations put on visitations. Parents always have visitation rights in Wisconsin, even if they do not pay their child support.
If a child is over 14 and expresses a preference for which parent they want to live with, the court will only overrule it if the selected parent has a history of abuse, or has a criminal history or a problem with drugs or alcohol. The child will generally tell a therapist or court-appointed counselor with which parent they would like to live and the professional will, in turn, tell the judge.
There are some cases in which a child will meet with a judge privately to determine who the child would like to live with. Although it is rare, children are sometimes asked to testify in custody cases, although both attorneys and judges will try to avoid this situation. A judge will often limit the kinds of questions that a lawyer can ask of a child on the witness stand.
Choosing a Good Attorney
If you are in the market for a family attorney, you should look for one who is well versed in Wisconsin law and one who has many years of experience dealing with divorce and child custody. They should have an excellent reputation with the state bar and at least a few endorsements from former clients.
Divorce is hard for everyone involved, but with the right therapist and legal help, it can be the beginning of a better life for both parents and children.
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